Muka v. Bryant

Appellate Division of the Supreme Court of New York

Muka v. Bryant

44 A.D.2d 611, 352 N.Y.S.2d 693, 1974 N.Y. App. Div. LEXIS 5555

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 1974

StatusPublished

This text of 44 A.D.2d 611 (Muka v. Bryant) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Muka v. Bryant, 44 A.D.2d 611, 352 N.Y.S.2d 693, 1974 N.Y. App. Div. LEXIS 5555 (N.Y. Ct. App. 1974).

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Opinion

Application denied, and petition dated January 7, 1974 dismissed, without costs. This court does not have jurisdiction to grant the relief requested in the petition insofar as it seeks removal of a Justice of the Supreme Court, nor is the court empowered by the Constitution to request the convening of a Court on the Judiciary for the purpose of transferring the matter to that forum (see N. Y. Const., art. VI, § 22, subd. d). We note that petitioner’s application to the Presiding Justice in this regard has been denied. Insofar as the proceeding seeks a determination, pursuant to CPLR (art. 78) that respondent failed to perform the duties of his office and proceeded in excess of his jurisdiction, it is dismissed sua íjponte since nothing alleged in petitioner’s papers indicates any improper or illegal conduct on the part of respondent. Petitioner’s application to proceed as a poor person is dismissed as academic. J. Sweeney, Kane and Main, JJ., concur.

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Application denied, and petition dated January 7, 1974 dismissed, without costs. This court does not have jurisdiction to grant the relief requested in the petition insofar as it seeks removal of a Justice of the Supreme Court, nor is the court empowered by the Constitution to request the convening of a Court on the Judiciary for the purpose of transferring the matter to that forum (see N. Y. Const., art. VI, § 22, subd. d). We note that petitioner’s application to the Presiding Justice in this regard has been denied. Insofar as the proceeding seeks a determination, pursuant to CPLR (art. 78) that respondent failed to perform the duties of his office and proceeded in excess of his jurisdiction, it is dismissed sua íjponte since nothing alleged in petitioner’s papers indicates any improper or illegal conduct on the part of respondent. Petitioner’s application to proceed as a poor person is dismissed as academic. J. Sweeney, Kane and Main, JJ., concur.

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Bluebook (online)

44 A.D.2d 611, 352 N.Y.S.2d 693, 1974 N.Y. App. Div. LEXIS 5555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muka-v-bryant-nyappdiv-1974.